HomeMy WebLinkAboutOC1969-1268 - ESTATE OF LES SOLIDAIRES ASSOCIATION·..,"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY"
PENNSYLVANIA
ORPHANSI COURT DIVISION
IN RE:)
)
)
CONVEYANCE OF REAL ESTATE)NO./:J,~t OF 1969
BY SUCCESSOR TRUSTEES OF )
LES SOLIDAIRES ASSOCIATION )
MUTUEL OF CECIL PA.)
PETITION FOR APPROVAL OF CONVEYANCE
UNDER THE REVISED PRICE ACT
.TO THE HONORABLE"THE JUDGES OF SAID COURT:
The petition of DANIEL GOSSETT"JOSEPH GODFREY
and JOHN COLIGAN"Successor Trustees of Les Solidaires Association
Mutuel of Cecil Pa."by their attorney"THOMAS J.TERPUTAC,ESQ."
respectfully represents:
1.The petitioners"Daniel Gossett"Joseph Godfrey and
John Coligan are Successor Trustees of Les Solidaires Association
Mutuel of Cecil Pa."an unincorporated association.
2.The said Successor Trustees are residents of the
Village of Cecil"Cecil Township"Washington County"Pennsylvania.
3.On August 30"1902"August Behling and Minnie
Behling"his wife"conveyed a tract of land situate in Cecil Township"
Washington County"Pennsylvania"more fully described hereinbelow"
to Les Solidaires Association Mutuel of Cecil Pa."Peter Vandal"
.August Devose and Florent Chiffe"Trustees"of record in the office of
the Recorder of Deeds of Washington County"Pennsylvania"in Deed
Book 2901 page 455.An exact copy of said deed is attached hereto,l
made a part hereof and marked Exhibit flA".
4.The original Trustees of Les Solid"aires Association
Mutuel of Cecil Pa.have been deceased for many years and the
Successor Trustees herein are lawfully authorized to present this
petition.
5.On December 291 19021 the Court of Common Pleas
of Washington CountYI Pennsylvanial filed its Decree of Incorporation
which incorporated a corporation named Les Solidaires under the Act of
April 29 1 1874,and said corporationl lawfully doing business under the
Non-profit Corporation Act of 1933,1 as amended,has been in existence
to the present time.This proceeding was at ND.1286 In Equity and
-the Articles of Inc.orporation appear of record in Corporation Book 21
page 137.
6.At all times material hereinl the members of Les
Solidairesl a non-profit corporation,have used as their registered
office and place of meeting the building upon the real estate which is the
subje ct of this petition.
7.Until the instant petitionl no proceedings have been
filed and no legal action taken to cause the transfer of the title to said
real estate into Les Solidaires,the non-profit corporation of which all
interested parties are members.
8.The real estate which is the subject of this petition
is described as follows:
ALL that certain piece or parcel of ground situate
in Cecil Townshipl Washington County and State of Pennsylvania,
bounded and described as follows 1 viz:
- 2 -
------------------------------------,---
BEGINNING at the south east corner of lot of
ground conveyed by Matthew H.Borland to said August
Behling hereinafter mentioned;thence by land now or
formerly of Frank South 46-1/4°west
46.68 feet to a post at corner of lot now or formerly of
Joseph Verschueren;thence by said lot North 43-3/4°
west 100 feet to a stake;thence by a line running
eastwardly and nearly at right angle a distance of 102 feet,
more or less,through the center of a stable to a street
leading to land now or formerly of John F.Mawhinney;
thence by said street South 5-3/4°East 78.5 feet"more
or less,to the place of beginning.
BEING a part of~the same tract of land which was
conveyed by deed of Matthew H.Borland to August Behling"
dated March 2,1896 and of record in Deed Book 200"page
500.Also being the same tract of land which was conveyed
by deed of August Behling and Minnie Behling"his wife,to
Les Solidaires Association Mutuel of Cecil Pa."Peter
Vandal"August Devose and Florent Chiffe"Trustees"dated
August 30,1902 and .of record in Deed Book 290"page 455.
9.The petitioners believe and therefore aver that the
proposed decree will be to the interest and advantage of all those
interested herein,and will be without prejudice to any trust or purpose
for which the real estate shall be held,and without the violation of any
law which may confer an immunity or exemption from sale or
alienation.
10.The petitioners herein are lawfully authorized to
conduct this proceeding as Successor Trustees and the great majority
of members interested in this petition have signed a Consent and Waiver
which is attached hereto,made a part hereof and marked Exhibit "B".
11.The petitioners desire to vest the title to this real
estate in Les Solidaires,a non-profit corporation"in order that the
title may be consonant with the corporation itself and to provide for all
rights and privileges including the borrowing of money under the Non-
profit Corporation Act of 1933"as amended.
-3-
12.Jurisdiction of the subject matter herein is invoked
under the applicable provisions of the Revised Price Actl 20 P.S.1561 1
et seq.
13.Since the proposed conveyance is to a non-profit
corporation which has been in possession of and operating the said
real estatel the Successor Trustees propose to make said conveyancel
if the Court so approvesl to Les Solidaires in fee simple absolute
for the consideration of One and no/IOO ($1.00)Dollar.
WHEREFORE1 your petitionersl DANIEL GOSSETT1
JOSEPH GODFREY and JOHN COLIGAN1 Successor Trusteesl under
of One and no/IOO ($1.00)Dollar.
Daniel Gossett
- 4 -
..
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Personally appeared before mel the undersigned...
i
authoritYI DANIEL GOSSETTI JOSEpH GODFREY and JOHN COLIGANI
whoI being duly sworn according to lawl depose and say that they are
the Successor Trustees of Les Solidaires and that the facts set forth
in the foregoing Petition for Approval of Conveyance Under the Revised
I
Price Act are true and correct to the best of their knowledgel informatiot
and belief.I
Daniel Gossett
\
!'Sworn to and subscribed
'~et-~re me this /~til
-'G/I A ."J.1/,Iof"It vrlll-vyrlJ/,-&V
day
I 1969.
Notary Public
. .,'~H 24.\972MyCommlsslOnExpires:"<':)N ~X(I;{~S "In,''-tV 'iA.,,\'t CO;;\,"',,,,,·,~WASHINGTON COUN II
CIT't Of WASHIl-\Gl0tol,
J.R.WELDIN &CO.,;~
P.1rrsnURG,PA.
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No.liS-LEGAL FOLD.
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Together with all c~nd singular the ~-::::~improven'bents,ways,
wedel's,water courses,rights,liberties,privileges,heredita7nents and appurtenanoes
whatsoever thereunto belonging,or in anywise appertaining,and the reversions and
.rernainders,rents,issues and profits thereof,.and all the estate,right,title,interest,
property,olaim,!and de7nand whatsoever,of the said part ,.oj the first part,in law,
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the Ct"pplujenanoes,unto t~e saud pa7 t.th........of the seoond part......../.I,I.4~heu s and as
signs,toJt.¥l for th~only prop~r use and behoof of the said part.../h of the seoond
parL......ij~....heursand assugns,Forever..
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sCuid !C~7't ~J(the first part,!or R/d ·..·/./.(/I(I::rlr"ei;.8,exeoLd07:s a7~/d
e~el~nunus:rat'!!.s,t.l:Q.:..:.......by these p~esent~.l!t!!!!-e7~ant,.g~a~t and .agree to a~~~h the
saud pa7 t.f!-a ·.of the seoond par~I:.~..heurs and assugns that :J$f?the
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and ~Jrernises he7~ein above d~SoT'ibed ~_~d grantetb or ine~tioned,and int!!!}jl~d.so .to .
be,Wuth the appU7 tenan~nJ;o the saud part..lh of the .seoond part..~eurs
andi.c~'S,ag~inst 7IU~:::;the _said ~art aJo of the first part,and
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I Shall and will Warrant and Forever Defend.:I
IIJ...~tness Whereof,the said part.t?Y .......of the first part to these presents
set.....:1jJ!jJ~y~hand and seal..Dated the day and year first above written.
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and acknowledged the foregoz'ngl1tdenture to be
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.and acknowledged tlte foregoing Indenture to be
.tltet'r act'and deed,and desired tlte same lo b'e re-·, Ic.rd;lt::St:~·said~~(fJ~
betng 0.1 full age,and by me examznedseparate an"d
apartfrom her said husband,and the contents 0.1 the
above l1identure bet'ngfirst made fully known to Iter,
declared that site did,voluntarily.0.1 her own free
wt'll and accord,sign and seal,and as Iter act and
deed,deliver the sanle,w£thout any coercion or C01n-~
pulsz'on 0.1 her said husband.
Witness,.myha?ldaud.,,,:...'.;:,::.seal the Witness,my hand and seal the day and year
day andyear aforesaid...aforesaid.
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CONSENT AND WAIVER
We,the undersigned,being members of LES SOLIDAIRES,
a non-profit corporation,and being the parties interested in the real
estate of Les Solidaires Association Mutuel of Cecil PeL,do hereby
authorize DANIEL GOSSETT,JOSEPH GODFREY and JOHN COLIGAN
to act as Successor Trustees in the proceeding entitled Petition for
Approval of Conveyance under the Revised Price Act and hereby waive an
notice of the presentation of said petition,or any hearing or other
proceeding thereon,and join in the prayer of this petition,so that title
to the real estate may be vested in Les Solidaires,a non-profit
corporation.
NAME
EXHIBIT IIBII
NAME
..
NAME NAME
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1
PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
CONVEYANCE OF REAL ESTATE)
BY SUCCESSOR TRUSTEES OF )
LES SOLIDAIRES ASSOCIATION )
MUTUEL OF CECIL PA.)
NO.OF 1969
INTERLOCUTORY ORDER
AND NOW1 November Ii I 19691 on consideration of
I
the annexed petition and the affidavits thereto attached and on motion of
Thomas J.Terputac,attorney for petitioners,a heaSQis set in this
matter for e I the 2-::L day of~<'R__.t.AJ
•M.,for the purpose of determining whether
said proposed sale would be to the best interest and advantage of all the
parties concerned in this matter;and whether the said private sale may
be made without injury or prejudice to any trust,charity or purpose for
which the land is heIdI and without the violation of any law which may
confer an immunity or exemption from sale or alienation;
No Citation shall issue in this easel since it appears that
there is no necessity for same;howeverl petitioners shall post five
copies of this Order on the premises to be conveyedl and in the vicinity
thereofl at least ten days before the date set for said hearing.
('BY'TH~COURT:
\""I\.I
\\~
P.t:T.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS f COURT DIVISION
IN RE:)
)
)
CONVEYANCE OF REAL ESTATE)
BY SUCCESSOR TRUSTEES OF )NO.1286 OF 1969
LES SOLIDAIRES ASSOCIA TION )
MUTUEL OF CECIL,PA.)
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)
)
SS:
-.
Personally appeared before me,the undersigned authority
JOSEPH GODFREY,who,being duly sworn according to law,deposes
and says that he is the Secretary of Les Solidaires,a non-profit
corporation,and that he is lawfully authorized to act on behalf of said
non-profit corporation;that in compliance with the Interlocutory Order
of the Court of Common Pleas of Washington County,Pennsylvania,
Orphans l Court Division,dated November 13,1969,he did post five
copies of the Interlocutory Order on the premises to be conveyed and in
the vicinity thereof,said posting having taken place at least ten days
before the date set for hearing.
Sworn to and subscribed
,,:before me this 22nd day
".o!"December,1969.
...:'-'-';s::.,~::'::.;;.::;M:,:::H 24.1972
aT\'OF WAS:;iNGTON,WA'::l·ilNGTON C.OUNTY (lAo..
.'.,-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
)
CONVEYANCE OF REAL ESTATE)
BY SUCCESSOR TRUSTEES OF )
LES SOLIDAIRES ASSOCIATJON )
MUTUEL OF CECIL,PA.)
DECREE
/:1./.,1
NO•.H3-e£OF 1969
AND NOW,this ;G 3 day of December,1969"upon
consideration of the Petition for Approval of Conveyance Under the
Revised Price Act,and upon consideration of testimony taken,and upon
motion of THOMAS J.TERPUTAC,ESQ.,attorney for petitioners,it
is ORDERED,ADJUDGED and DECREED that DANIEL GOSSETT,
JOSEPH GODFREY and JOHN COLIGAN..Successor Trust~es of Les
Solidaires Association Mutuel of Cecil,Pa.,be and the same are hereby
authorized to execute a special warranty deed as Successor Trustees
to Les Solidaires,a non-profit corporation,in fee simple absolute for
the consideration of One ($1.00)Dollar,the Court having determined that
the instant conveyance would be to the best interest and advantage of all
parties concerned in this matter,and that it may be made without injury,
or prejudice to any trust..charity or purpose for which the land is held,
and will be without violation of any law which may confer an immunity or
exemption from sale or alienation.
,--------;:--------------------------.-------;----
.j
IN THE COURT OF COl..ft.lON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
HEARING ON PETITION FOR APPROVAL OF CONVEYANCE
-UNDER THE REVISED PRICE ACT
THE HONORABLE P.VINCENT NARINO,PresidenJUdgeofthesaidCourt•
THOMAS J.TERPUTAC,ESQ.,of Washington,
Penna.,repre senting the'Pet i tioner s.
Monday~December 22,1969,at 1:30 o'cloc
P.M.,.l!.:ST •.
No.1268 of 1969
)
).
)
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)
IN HE:
..:uii:
Iii°APPEARANCE S:
..I.
~Uo
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~Tn1E:,..
N
CONVEYANCE OF REAL ESTATE
BY SUCCESSORTRUSTEKS OF
LES SOLIDAlRES ASSOCIATION
::HUTUEL OF CECIL,PENNA.z0(
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ZZIII0.
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;BEFOPJZ:
•
•
iii0:IIIt-o:0:liTHE COURT:
0:
t-~MR.TERPUTAC:0u
•..I time set for the0(
uii:II.Conveyance Under0
Mr.Terputac?
If the Court please,Your Honor,this is 1he
hearing under a Petition for Approval of
the Revised Price Act.The petitioners
are Daniel Gossett,Joseph Godfrey'and John Coligan,who
are the successor trustees of Les SO+idaires Association
Mutuel of Cecil,Pa.,an'alleged unincorporated associaticn.
In Court before Your Honor at this time are Mr.-Joseph
Godfrey,the Secretary of the Les Solidaires Corporation,
who is acting as one of the trustees,and John Coligan,
'#I .,
,""
~---------;~-----------,---------------------
2
posting of notices?
Do you have an Affidavit 90ncerning the
to request Your Honor to allow such conveyance to be made.
who is a trustee of Les.Solidaires,and also acting as the
successor trustee for ,the purpose of this petition.
The proper notices were 'posted in accordaI1pe
with the Interlocutory Order of Your Honor,dated November
13,1969.And there has been no answer filed,no protest,Ino
proceeding of any type.And with your permission,we will
proceed with the testi~ony to show that really the title
should be in the,name of Les S61id~ire's,'a Corporation,ard
ioI-'e>
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possible,Your Honor,•.
THE COURT:
We will provide this Affidavit as soon as
•
~HR.TERPUTAC:
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All right.You may
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call your witnesses.
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DIRECT EXAMINATION BY MR.TERPUTAC:
,"..,
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Where do you reside?
Box 108,CUddy,Pa.
Joseph Godfrey •
,.
i,tJhat is your name?
A
Q
JOSEPH GODFREY IS,CALLED ,AND SWO,RN.,.,'.
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•Q Is that Allegheny C9unty?
A ,Yes,sir.
'Q Are you a member of a non-profit corporation which is
called Les Solidaires?
A Yes ..sir.
3
..
And that was by resolution of the membership called after
due notice for a regular meeting.,Is that correct?
Yes.
Mutuel of Cec~l,Pennsylvania?
Are you also authorized to act,along with Daniel Gossett
as the successor trustees of Les Solidaires Association
Yes,sir.
Yes,sir.
Are you and Mr.Coligan,the other witness in this matter
both authorized to act for Les Solidaires Corporation?
Yes.
And what are you?
Secretary.
And for what term are you an officer?
Year to year.I was elected in October this past year.'
So you are presently Secretary and you will be for 1970.
Is that right?
~ow,Mr.Godfrey,has there actually ever been a body or
an ~nt~ty called LeS,Solidaires Association Mutuel of
Ceqil,Pennsylvania?
A Pardon?
Q ~~.Godfrey,how long have you been a member of that corp
ation?
Since 1957,t 5~,the f~rs~part oft58.
And at the present time,are you one of the officers?
Xes,sir.'
A
Q•A
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"
Now those three men were Peter Vandal,August Devose and
Florent Chiffe.Is that right?
No.
As far as you or any member of the Association knows,has
anyone ever been appoilfted as a succes;sor trustee after
the se men died?'
Right.
Are they.living today?'
No •.
Yes.
And as far as you know,and the other members know,it was
done only for the purpose of allowing the title to be put
in those men's name sfor the benefit of the Association'.
Yes.'
So since their death,.the only three men who have been
appomted are,Mr.Gossett,y:ou and ~.Coligan for the
purpose qf this proceeding~Is.that right?
A Right~,
Q Now the records show that on August 30,1902,this land i~
Cecil Township,Washi~gton County,Pa.,was conveyed to
Mutuel of Cecil,Pa.?
A No.
Q Is it true that what happened was that in 1902 when the
organization bought the property,it was put in the name o~
three ,trustee s?•0(A
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II.marked Exhibit "A".•And we will request that this be 'in-'
"corporated and made a part 'of the record for this proceed ng.
and remodeling and everything regarding the building itse f
as far as you mow,has that 'been done by the Les Solidaif>es
Q The building was built a few years later,'is that correct
A Yes~
Q Th~m,embers .?~f.·Le's.po.lfd~ires~,the non,,-p.rof it,c9rporation
A Yes,sir.
Q .As far as you know,ha~e all ,.the ;,expense s and repairs
~I
"It is so ordered.
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building?
The members.•
And who,Mr.Godfrey,paid for the construction of this
THE COURT:
building on the property?
A ,No.
Q .Now at the time the property was bought On August 30,
1902,as far as you and the members know,was there a
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non-profit corporation?
Yes.The·members always take care of all the bills.It's
always paid out of the membership.,
Q "In addition to regular dues of Les Solidaires,do you hav
some other method of assessments or methods to raise mone ?
A We have the dues itself,p1us we 'have a death assessment.
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It-is ,so~ordered.
Book 2;Page137~And we as~that that be incorporated
by referenc~herein.
As far as:(pu know,and ..as far·as the .record shows,has
this corporation pe€n op~rating'and been in lawf~l existerce
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Yes.
THE COURT:
;~
Q Your Honor,this proc~ed·ing')s 'at Number 12(36 In Equity aI d
appears of record in the Recorder"s .Office in Corporation
A Yes,sir.
A
Q
Q Now regarding thereg~ste:r;'edoffice of Les Solidaires,is
that in the building that is on this property wh~ch is in
issue?
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.A Yes,sir.
Q And has that been the only building that this club has
AVer h,qd?
A Yes,sir.
,,
Q ,And the place of meeting,,~1r.Go~r.rey"where is that?
A 'In the club•
.,
Q And it is the same building~2 l.
'<Q And this is a.'brick building,is that "right?
z<'::i A Yes.'
>-III~Q And it has a meeting place and it has a 'place for apartme s
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Same 'building,.
where the steward lives.Is that right?
Right.
.,
Now what is the purpose of this,proceeding ,today,Hr.God
Well,we Ire remodeling th~club'.rt needs done badly.
\'!e have to borrow money.'.
When this developed,you discovered that the title was no
in the Les SOlidai:r'es C.orporatiqn itself.Is that right?.
ey?,
Right.
..
And then you were advised that thiswotild have to be done in
order to borr6~v money from the'.Union National Bank of
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Right.
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proceedings evEir been,filed or any legal action ever take
,--...'.'...'.-
'heretofore to'cause'the.transfer 'of'the title of the real.'
estate intoLes Solida:ites,a non~-pr,ofi t corp?,ration?
A ,No.'
Q
,
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All rig~t~,.S~~:::th'~s,;s.,'the first,~time .,tnJ$.;l1a,s ever been d ne.
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There is no such thing as a,membershi'p of the lvrutuel Asso(ia-
tion of Cecil,is thatrightJ
Right.
And What you are asking for is permission from the Court
to allow.you three 'men to sign a ,Deed as successor truste~s'to
Right.
Nov'you ·andMr .Collgan and Hr.Gossett are all members 0
Les Solidaires.Is that right?
Yes.
Right.
,~n immunity or exemption from sale or a~ienation?Do you
believe that is so?
possessed,or owned by Les Solidaires?
Yes.
So that we don't have any other real estate involved in tris
proceeding or any other .building,right?,"....'.
Has this b~en the qnly real estate ever controlled or
Is that right?
A Yes.
Q Now as one of the petitioners,doyou believe that the pro-
posed Decree will be to the interest and advantage of all
,be
those interested therein,and willi without prejudice to
any trust or purpose for which the real estate shall be
held and wfthout the violation of any law \~ich may confer
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convey th;~,~itl~to Les Solidaires,a,non-profit ,corporat on,
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for $1'.00.'Is 'that what you are asking?.''
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A Yes.
Q Now let's refer again to.the land and building.Who has
maintained,and controlled this land for as long as the
COURT:
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records ever show?
The member ship." '
That is the membership of Les 'Solidaires?
Right.
Now who has been paying the real estate taxes for as long
as the records show?
The membership.
And this again is Les Solidaires?
Yes.
Your Honor,with your permission I would like to read intc,
the record some info~mation regarding the real estate ass€ss-
"
ments 'and the.tax receipts,.And I wlill follow this up by asking
t .(l •."·;·f t
"\•;.•\..'''.....,\...;J~'-him who actually makes the checks for these.
,
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The 1967 taxes for,:this,propert1.show a two-story brick 1
building,assessed'a.t.$5,305.00,;'part of lot one,assessee at
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$95.00.A total of $5,400.00.The tax payer is listed as
Les Solidaires Association Mutuel of Cecil, Cecil,Pa.
That tax is shown.paid.The 1968 County Tax for this show~
the same assessment,the same name,and this one is .markec
Paid.The 1969 assessment was still at $5,400.00.The tax
paid on July 2,1968 shows $92.34.And it still is in the
name of Les Solidaires Association Mutuel of Cecil.
1n
pays these taxes?
A The membership.They always did pay them.
Q As far as you know and as far as the records show for years
back---
Yes.
Now,Mr.Godfrey,"'ithin the past year,there have been·saine
;'1ait a minute.The se ans\vers are all the
It's always been the membership.
That is the membership of Les Solidaires,the corporation
itself.These men pay the county,the school and the road
taxes,is that right?
Right.
And they pay whatever legal obligations have to be paid re~
garding the land arid this building.Is that right?
Now who pays these expenses?
The membership.
membership,which doesn't mean anything.You could have either
the membership of th~Mutuel Association or you can have
the membership .of Les Solidaires Corporation.Now let's specify
here which it is in the answer,in all these answers.
substantial expenses regarding a roof and other repairs an~
remodeling that have already been paid,isn't that right?
Yes.
COURT:
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THE COURT:
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You br~uglit!it 01J.t in th;~others,but I tNink
it's best for the witness himself to answer that.Distinguish
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between the corpor~tion and the Mutuel Association.
Mr.Godfrey,.when you say the membership,what do you mean?
The membership of theLes Solidaires Corporation.
Isit.~rue that the membershiporL~s Solidaires Corporation
has paid these real estate taxes to which we have just re-
ferred?
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~>-Ul~Q And this money comes from the members and they belong to
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Les Solidaires.Is that correct?
Yes.
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There 'is:no''such thing as Les Solidaires'1tltuel
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~As far as ~ou know,there~has never been such a thing.
Yes,sir.
ith~t -right.?'
Ye s,sir.
There is m·such thing as a Hutuel Association of Cecil,:l s~•t ...
Q
A
THE COURT:
A
Q
Corporation of Cecil.That is the.way your real estate is as-
sessed,Les Solidaires Mutuel.Les Solidaires is first.
Le s Solidaire,s Hutuel Association of Cecil.There is no Sl ch
animal.That is woo t we want to bririg out.
Q Now,Mr.Godfrey,tnese tax rece'~pts',and I have checked
the assessment records,.,show Les Solidaires Associatiori Mil-tuel
of Cecil.These have b.een ,shown for as many ye~rs back as I
can see in the assessment records.Now this is the name t~at
the title to the propertY-was put in 1902.Isn't that rj,glt?
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But actually,there is no such thing.Is that right?
Yes.
And when it was put in this name in'1902,it Was also put
in the names of three trustees Who are now all dead.Is ttrat
right?
Yes.
But the tax records have continued to put ilLes Solidaires
'Association Hutuel of Cecilll •Is that correct?
Yes.
Now who has actually paid these bills?
The members of the Les'Sol~daires"Corporation.
Now let us'refer again to the thing I asked you abo~t,the
bills and remodeling.In other words,·when something had
to be bought for this building,who paid for it?
The members of the Les >Solidaires Corporation.
Now will you refer .to the check that I asked you to refer
to for the payment of the roof?
Check Number 941.
And it wa s made payaole to who'm?
'Mr~James McCallister,repairing the roof.
And this was for 'the"r repair 'of the roof on the building or
this property?
Yes.'
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v/here did the 'money 'come from ~to pay him ,for that·roof?
From the.members of the Les Solidaires Corporation.
13
Q Now in the past,as far as our records shoyr,and,as far'~s you
know,and as,far as any living membership of the Les Sblicaires
is concerned,have all these bills been paid by,Les Solidi ires
A"They are here someplace.I'll find ~hem.'Small payments
Q ,Do·you have in your checkbook .there a 'reference of any o~ler
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bills,that were pa~d r~garding tpe bUilding'?
to a lumber company •
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All "right •Like what?'"
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When was that paid?
I
And how much was tha,t for?
October 27.
non-profit Corporation?
Yes,sir.
Yes~sir.
Check number?
And as far as you knovr,has"the Les Solidaires non-profit
Corporation been the body that has taken care of,mairit,alI ed
and possessed the'bqil~irig and the land?.
Now that would be some ,'lumber that would be used for the
19---?
'69.
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A Yes.
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The members of the Les Solidaires Corporation.
Now how many bank a ccounts does Les Solidaires Corporatior
.have?
Two.
And they are both controlled by the members of the Les
Solidaires Association Mutuel of Cecil?
Yes.
Your Honor,that's all ·r have of this witness.
(At the direction of the Court,off-the-record discussion
was not recorded by the stenog~ap~er).
.OJitness excused).
Is that in-washington County?
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vfuere do you reside?
\'fuatis your name?
Yes.
Cecil,Pa.
John·Coligan.
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~-.~JOHN COLIGAN IS CALLED AND m10RN.o::>~EXAHINATION BY MR.TERPUTAC,:,....~--.:,'"!"~..
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Q So that is a few years beyond JvIr Godfrey.And are you.''"
an officer in that organ;Lzation?
".t'
A Yes.
Q tVhat are you?"'."..",t-
A Trustee.
Q That is sort of like a member of the Board of Directors,
'is th!lt right?
A Yes.
And as far as you kno,.",Hr.Coligari.,since you,are older
than Mr.Godfrey,have those three men Who were appointed
You are aware of that?
Yes.
Yes.
You are generally familiar with the fact that the land
was bought in'the ,name 0 l'three trustee s back in :Augu st ,'
1902?
trustees for that deed,have they been long since deceased?
Those three men were pretty well known in the Cecil a~ea,
were thE3¥not?
·Yes.A
QFor what term are ypu acting?
A For one·year •
,Are you presently a Trustee of"Les Solidaires Corporation?..:Q2ll:t-III AQ•..J
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Q Now as far as you know and as far as the members know,ha~
-----------------------------------,
16
this been the only property ever owned or controlled by
Les Solidaires Corporation?
A Yes.
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Are you familiar with the fact that 'toThen the land vlaS bougnt
in August,1902,it vlas vacant and there was not a building
on it?
No,sir.
No,sir,ther~was no building?
There was no building.
\fuo built the building after the land was bought?
All the members ,built the building themselves.
The members of what?
The Les ,Solidaires Corporatio~.
And since that time,have -the members of Lei)Solidaires Colr-
poration been paying,as far as you .know,all the bills?
Ye s,sir.
..And you are familiar with these bankaccounts and the only,
bank a ccounts were the two which are in the name of Le's
Solidaires Corporation.Is that right?
Yes.
And the repair bills and 'remodeling and everything has,,-;."
always 'been done by:ahd paid for by the 'members of.Les
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Solidaire's Corporation.
Yes.
Now who is the President of Les Bo~idaires Corporation?
Daniel Gossett.
..
Q'And he is not able'to be here,today because he had:to ,be c~t
_.-_._---------..-----------------------------------,
17
of town.Is that right?
A Yes,sir.
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And are you and Mr.Godfrey authorized,to te stify here tOd~y.
on behalf of Les SOlidaires Corporation?,
Yes,sir.
And this was as a result of a meeting that the Corporation
had.Is that right?
Yes.
And are you and Hr.Gossett and Mr.Godfrey authorized to
act as successor trustees to ask the Court to put·the title.,
to this land in the name of Les Solidaires Corporation?
Yes.
I.As far as you know,and you have been a member longer than
Mr.Godfrey,have any Iegal procee.ding s ever·been taken
before to transfer the title to this land to Les SolidairEs
Corporation?
advantage and interests of all the members ofLes Solidai es
Corporation?,
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Do you think that this will be,if it is approved;to the'
A
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Yes.
Your Honor?
THE COURT:The Court'has 'no 'further questions~'
(\'Iitness excused)'.
.
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HR.TERPUTAC:s6,Your Honor,we resp~ct~ully ask Fnd
,.'
we will file this Affidavit of Servic'e'as promptly~as
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•
we can,we will ask Yo~r Honor to execute a Decree author"
Daniel Gossett,Joseph Godfrey and John Coligan as succes
trustees of Les Solidaires Association Mutuel of Cecil,
,Pa.,to convey the land to Les Solidaires,a non-profit
Corporation in fee simple absolute for the purpose of
ve'sting the'title solely and only in Les Solidaires for
whateyer purposes the organization may need.
as possible.
<z<~>-~THE COURT:'z1&1
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CII;TEE COURT:
Do you have a proposed Decree?
Your Honor,we will get.that to you as pI'
If you get it to me promptly it will be
ptly
signed promptly.
(Proceedings Closed)'
.I hereby certify that the proceedings and evidence are contained•
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The foregoing record of th,e'proceedings upon the hearing of the,
ui0::~cause,and tha,t this copy is a correct transcript of the same.
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above cause is hereby approved and directed to be .filed.·
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